If you are settling a loved one’s estate in Brooklyn, the difference between a small estate affidavit and full probate comes down to one thing: the size and complexity of what was left behind. A small estate affidavit — formally called voluntary administration under SCPA Article 13 — is a streamlined, low-cost process for modest estates, while full probate is the formal court proceeding that issues Letters Testamentary under SCPA §1414 so an executor can administer larger or more complicated estates. Choosing the wrong path can cost you months and thousands of dollars. This guide explains both, using the rules that govern the Kings County Surrogate’s Court, so you can decide which fits your situation.
The Quick Answer
- Small estate affidavit (voluntary administration, SCPA Article 13): Use it when the decedent’s personal property is small in value and there is no real property that must pass through court. It is faster, cheaper, and far less paperwork.
- Full probate (SCPA Article 14): Use it when there is a will to admit, real estate to transfer, larger assets, or any expectation of disputes. It produces formal Letters Testamentary that banks, title companies, and courts recognize without question.
For a broader orientation before you dive in, see our probate overview, which maps the entire New York process from filing to final accounting.
What Is Full Probate in New York?
Full probate is the court-supervised process for proving a will and empowering an executor. In Brooklyn, the proceeding runs through the Kings County Surrogate’s Court and is governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL).
The core steps look like this:
- File the Petition for Probate together with the original will and a certified death certificate.
- Establish jurisdiction over the heirs — every distributee (the people who would inherit if there were no will) must either sign a waiver and consent or be served with a citation directing them to appear.
- The decree. On the citation’s return date, if no one objects, the court signs a decree admitting the will to probate.
- Letters Testamentary issue. Under SCPA §1414, the court grants the executor Letters Testamentary — the official document proving authority to collect assets, pay debts, and distribute the estate.
If the executor needs authority before the will is fully admitted — for example, to secure a property or stop a foreclosure — the court can grant Preliminary Letters Testamentary under SCPA §1412. Our guide to the executor’s duties walks through what happens once those Letters are in hand.
Probate Timeline and Cost
An uncontested probate in New York typically takes about three to six months from filing to issuance of Letters. The cost to obtain Letters generally runs $3,000 to $10,000, depending on attorney involvement, the number of heirs, and whether jurisdiction is obtained by waiver or by citation. The court’s own filing fee is graduated by estate value under SCPA §2402 — confirm the current fee directly with the Kings County Surrogate’s Court or your counsel, as it changes by bracket.
For a deeper walkthrough of how the courthouse process actually unfolds, read our Surrogate’s Court guide.
What Is a Small Estate Affidavit?
A small estate affidavit is the everyday name for voluntary administration under SCPA Article 13. Instead of a full probate proceeding, a qualified person (called a voluntary administrator) files a short affidavit, and the court issues a certificate that lets them collect and distribute the decedent’s personal property.
This process is designed for small estates — measured by the value of the decedent’s personal property (bank accounts, a car, personal belongings), not real estate. Real property generally cannot be transferred through Article 13, which is one of the most common reasons families are pushed into full probate.
Key features of the small estate process:
- No formal citation or waivers from every heir in the way full probate requires.
- A lower, graduated filing fee set under SCPA §2402 — again, confirm the current amount with the court.
- Faster results. Many voluntary administrations resolve in weeks rather than months.
- Works whether or not there is a will; the affidavit identifies the will if one exists.
Learn more on our dedicated small estate affidavit page.
Side-by-Side Comparison
| Feature | Small Estate Affidavit (SCPA Art. 13) | Full Probate (SCPA Art. 14) |
|---|---|---|
| Best for | Modest personal-property estates | Larger estates, real estate, or disputes |
| Real property | Generally not handled | Yes |
| Court document issued | Voluntary administrator’s certificate | Letters Testamentary (SCPA §1414) |
| Heir notice | Simplified affidavit | Waiver/consent or citation |
| Typical timeline | Often weeks | ~3–6 months uncontested |
| Typical cost | Lower; graduated fee (§2402) | ~$3,000–$10,000 plus graduated fee |
| Emergency authority | Not applicable | Preliminary Letters (SCPA §1412) |
How to Choose: Five Questions
- Is there real estate? If yes, you almost certainly need full probate, because Article 13 does not transfer real property.
- How large is the personal property? Larger estates exceed the Article 13 threshold and require probate.
- Will any heir object? Disputes belong in formal probate, where the court can hear objections. If a contest is brewing, see our overview of contested probate.
- Do third parties demand Letters Testamentary? Some banks, brokerages, and title insurers will only release assets against formal Letters, not a small-estate certificate.
- Is there urgency? If an asset must be protected immediately, full probate offers Preliminary Letters under SCPA §1412; Article 13 has no equivalent.
When in doubt, the safest move is a short consultation. The wrong filing can be rejected, forcing you to start over in the other track.
Frequently Asked Questions
Can I use a small estate affidavit if there is a house in Brooklyn?
Generally no. Voluntary administration under SCPA Article 13 is limited to personal property. Real estate that must pass through the court typically requires full probate so the executor can convey clear title.
How long does full probate take in Kings County?
An uncontested probate usually takes about three to six months from filing the petition to the issuance of Letters Testamentary. Contested matters take longer.
What does it cost to obtain Letters Testamentary in New York?
The cost to obtain Letters generally ranges from about $3,000 to $10,000, plus the court’s graduated filing fee under SCPA §2402. Confirm the current fee with the Kings County Surrogate’s Court.
What is the difference between Letters Testamentary and Preliminary Letters?
Letters Testamentary (SCPA §1414) are the final grant of authority issued after the will is admitted. Preliminary Letters (SCPA §1412) give the named executor limited authority sooner, before the decree, when urgent action is needed.
Talk to a Brooklyn Probate Attorney
Choosing between a small estate affidavit and full probate is rarely obvious — and a misstep at the Kings County Surrogate’s Court can add months to an already difficult time. At Morgan Legal Group, attorney Russel Morgan, Esq. helps Brooklyn families pick the right path the first time and carry it through to distribution.
Schedule a consultation today: book a 30-minute call with Russel Morgan or call (888) 529-1315. We will review your situation, confirm current court fees and requirements, and map the fastest, lowest-cost route to settling the estate.
Further reading from Morgan Legal Group: common mistakes executors make.